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zloy xaker [14]
3 years ago
10

Access Organics, Inc., hired Andy Hernandez to sell organic produce. Later, Hernandez signed an agreement not to compete with Ac

cess for two years following the termination of his employment. He did not receive a pay increase or any other new benefits in return for signing the agreement. When Access encountered financial trouble, Hernandez left and began to compete with his former employer. Access filed a lawsuit against Hernandez. Is the noncompete agreement enforceable?
Business
2 answers:
MariettaO [177]3 years ago
6 0

Answer: The Non Compete is NOT Enforceable.

Explanation:

An Agreement not to compete with your previous company is a RESTRICTIVE covenant that was generally introduced to ensure that Upper and Middle Management who were generally privy to Trade Secrets in an Organization do not take that information somewhere else and use it against that old company usually in exchange for better compensation packages.

Hernandez joined Access Organics and regrettably was not given a pay increase or any other special considerations. This is very relevant.

For a Non-compete to hold relevance especially if it is signed AFTER an employee has already being working in an organization, there needs to be SUFFICIENT Considerations that gave the employee better terms such as more job security or better benefits as a result of signing said agreement.

Andy Hernandez received no such benefits in return for signing the agreement and so the Non-compete Agreement lacks said Sufficient Considerations.

The Non-compete is therefore NOT ENFORCEABLE.

It is worthy of note that in the actual case, the Judge ruled in favor of of Andy Hernandez.

If you require further clarification do react or comment.

Oksana_A [137]3 years ago
6 0

Answer:

Yes, a valid non-compete is enforceable as a state law once one party violates is provision.

Explanation:

If the non compete did not categorically state that Hernandez will receive a pay increase or any other new benefits in return for signing the agreement and yet he endorsed it, going against the agreement not to compete with Access for two years following the termination of his employment is a clear case of violation.

Penalty for violating a non compete include payment for damages. In this case, Access Organics Inc. could also file  lawsuit against Hernandez for both money damages and an injunction.

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Answer A

Explanation:

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Using the following information: (a) The bank statement balance is $3,868. (b) The cash account balance is $3,971. (c) Outstandi
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Answer:

                  Bank reconciliation for Miller Co. for August 31

                                                        Amount in $           Amount in $

Bank statement Balance                                                3,868

Add;

Deposits in transit                                743  

Bank service charge                            115  

Error in check for supplies                      9                        867

Deduct;

Outstanding checks                                                          764

Cash account balance                                                     3,971

Explanation:

The bank reconciliation is one done between the balance per the books and balance per the bank statement. This is usually as a result of transactions known as reconciling items.

These are items that have either been recognized in books but yet to be recorded by the bank or vice versa, transactions recorded wrongly by one of the parties etc.

To reconcile the two balance moving from the bank statement balance to the cash account balance;

Deposit in transit has been debited to the cash balance hence it will be added to the bank. Bank service charge has been deducted from the bank and will be added back.

The erroneous recorded of the check shows that the cash account balance was under credited by $9 hence it will added to the bank statement balance. The outstanding check has been deducted from the cash balance and will be deducted from the bank statement balance.

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uestion 31 Oriole Company has the following inventory data: July 1 Beginning inventory 114 units at $19 $2166 7 Purchases 399 un
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Answer:

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Explanation:

The computation of the cost of good sold under LIFO method is shown below

But before that following calculations need to be done

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= 380 units

Now 380 units sold would include 57 units of July 22 purchases and balance i.e. (380-57)  323 units of July 7 purchases

So, cost of goods sold

= (57 × 22) + (323 ×20)

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